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Additional Of Parties In Civil Case Analysis

Posted on:2012-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhangFull Text:PDF
GTID:2166330338959576Subject:Litigation
Abstract/Summary:PDF Full Text Request
Additional of parties system is an important system in the country of civil litigation, for the additional parties in civil proceedings related issues, our legal and judicial interpretation of the provisions in principle only. For additional conditions for the parties, manner, time and other issues, the views of scholars and judges vary greatly, which fully protect the legitimate rights and interests, establish justice and authority, improve the efficiency and so on will have a negative impact.In this paper, the combination of case studies and theoretical methods, first of all from the judicial practice in the specific case of starting the system through additional legal analysis of the parties on the additional parties in the administration of justice in the discussion of specific practice, and finally back to the assessment of the case, the formation of tail echo.This addition to the introduction and conclusion, is divided into five parts:Part I: Introduction case. Focus on the case and deal with differences of opinion the case of induction, which leads to the additional of the parties.Part II: Legal Analysis of additional parties. China scholars on a party who has combed the main points to explain the additional system and the civil parties in the relationship between the principle of action that a party who does not contradict the principles of system and action.Part III: On the need for additional analysis of the common litigants. China's current legislation provides for two additional co-litigants in the way necessary: the parties of the Court to apply additional and supplementary. Some scholars believe that the court on its co-litigants need additional drawbacks exist, such as violation of the principle of action to increase the burden on the court. The author believes that the way the court is ex officio an additional reasonable and necessary to be demonstrated from four aspects. When necessary, the omission of the parties to a joint action, the claim be resolved in three ways.Part IV: No independent claim on the additional analysis of the third person. No independent claim on appeal pursuant to and participate in the third ginseng means of appeal, claim that no independent third party in the proceedings should only be applied for by the parties, the court should not on its own initiative inform the participants. No independent third party in the litigation claim the time after the commencement of litigation to the court of first instance verdict before.Part V: Conclusions of this study. By the author of the carrier passenger assume liability for breach of contract analysis, finds that the defendant, the plaintiff should bear the liability for breach of contract. Liability insurance carrier through the analysis of the defendant on plaintiff's breach of contract liability, and finally by the insurance company shall be paid within the limits of insurance liability. In judicial practice, the definition of insurance companies in road traffic accident personal injury compensation cases in the status of the proceedings, which recognize different on the insurance status of the proceedings of the three views of the company, the author analyzed one by one.By applying an additional party defendant, the defendant and the court dismissed the application for the analysis, I believe that the Court rejected the defendant's application for all of them is inappropriate. Bear on the defendant's breach of contract and the carrier of liability insurance, the insurance company and I believe that the results of processing the case with legal interest, that is, if the losing defendant, the defendant bear the liability of the plaintiff, the insurance company will be within the limits of liability in the insurance compensation. Court may notify the insurance company as a non-independent claims third person involved in litigation in order to better safeguard the legitimate rights and interests of both parties.
Keywords/Search Tags:Additional Of Parties, Necessary Common Litigation, The Third Party Without Independent Claim
PDF Full Text Request
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